Munoz decision shines spotlight on self-defense laws

“Kevin Perry acted justifiably,” Deschutes County District Attorney, John Hummel, on Thursday. “He used justifiable force to defend Amanda Weinman and himself inside his house.”

What defines justifiable force?

According to Oregon law, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use of unlawful physical force.

“When you’re in your home, you have no duty to retreat and you can reasonably defend yourself,” said Erick Ward, criminal defense lawyer at Ward Grove LLP.

Another important factor in deciding whether the use was justifiable: The use of force has to match the threat. In other words, unless your life is in danger, you cannot use deadly force just because someone is on your property.

“No certainly not,” Ward said. “Your obligation as a home owner once again is to be reasonable. So, you can’t just open fire on someone who is on your property.”

That is different than the Stand Your Ground law in Florida.

“There is a presumption (in Florida) that the person who is trespassing on your property to commit a crime, and therefore, you’re justified in shooting them,” said Jacques DeKalb, attorney at DeKalb & Associates.

That is not the case in Oregon, where you still have to prove that there was an imminent threat to your life. Many factors play into whether self-defense was justifiable or not:
– Did the other person have a weapon?
– Was the other person aggressive? If you started the fight, you’ll have a hard time claiming self-defense.

“Intoxication, however, is not part of the analysis,” Ward said.

Even if you’re drunk and on drugs, as Perry was that night when he shot Shane Munoz, you’re still allowed to defend yourself.

District Attorney John Hummel said Perry had other options prior to the fatal incident.

“Absolutely, he had other options,” Hummel said. “That’s foolish to go into your house at midnight when there’s evidence that someone has broken into your house.”

Foolish, but it is not a crime.

For more information:

http://www.oregonlaws.org/ors/161.215

http://www.oregonlaws.org/ors/161.219

For more information on Florida’s Stand Your Ground law, click here.